Rosenne's Law and Practice of the International Court: 1920-2015

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Subjective Reservation of Domestic Jurisdiction
(1,630 words)

paragraph 202 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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Since 1946, the exception of domestic jurisdiction has appeared in a new form, introduced by the United States in its acceptance of the compulsory declaration in 1946. That declaration, incorporating what is known as the Connally Amendment (named after the Senator who proposed it), excludes ‘disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America’ (italics added).1 This …

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Malcolm N. Shaw, “Subjective Reservation of Domestic Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 28 May 2023 <>
First published online: 2017
First print edition: 20161001

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